Opinion · Court of Appeals for the Ninth Circuit

John Doherty v. United States

230 F.2d 605

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1956-02-14
Topic
general

PER CURIAM. This appeal from a judgment of conviction in a narcotics case, 21 U.S.C. § 174, is predicated upon the assumption that the California rule declining to-credit testimony of an accomplice, unless corroborated, is applicable in the Federal courts. Cal.Penal Code, § 1111; People v. Dail, 1943, 22 Cal.2d 642, 140 P.2d 828. In the exercise of supervisory authority over rules governing the admissibility of evidence in federal criminal trials, McNabb v.

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Authority status
pending
Cited by
11 opinions
PER CURIAM.

This appeal from a judgment of conviction in a narcotics case, 21 U.S.C. § 174, is predicated upon the assumption that the California rule declining to-credit testimony of an accomplice, unless corroborated, is applicable in the Federal courts. Cal.Penal Code, § 1111; People v. Dail, 1943, 22 Cal.2d 642, 140 P.2d 828.

In the exercise of supervisory authority over rules governing the admissibility of evidence in federal criminal trials, McNabb v. United States, 1943, 318 U.S. 332, 341, 63 S.Ct. 608, 87 L.Ed. 819, the Supreme Court has held that corroboration is not essential. Caminetti v. United States, 1917, 242 U.S. 470, 495, 37 S.Ct. 192, 61 L.Ed. 442; Holmgren v. United States, 1910, 217 U.S. 509, 523-524, 30 S.Ct. 588, 54 L.Ed. 861; cf. Krulewitch v. United States, 1949, 336 U.S. 440, 454, 69 S.Ct. 716, 93 L.Ed. 790.

It is settled in this circuit that, while received with caution and weighed with great care, the uncorroborated testimony of an accomplice is to be accorded whatever credibility the trier of fact, may think it deserves. Catrino v. United States, 9 Cir., 1949, 176 F.2d 884, 889; Todorow v. United States, 9 Cir., 173 F. 2d 439, 444 certiorari denied, 1949, 337 U.S. 925, 69 S.Ct. 1169, 93 L.Ed. 1733.

The judgment of the district court is affirmed.